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The Analysis Of The Effects Of The Legal Translation On Legal Transplantation Of Late Qing Dynasty Based On The Translation And Introduction Of The Jury

Posted on:2016-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:M LiaoFull Text:PDF
GTID:2296330503950961Subject:Law
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In modern times, China has undergone enormous changes. Economically, with the entering of foreign companies and the rising of the Westernization Movement, science and technology was introduced into China, and the domestic bourgeoisie was developed, China self-sufficient economy gradually fade into history, the emerging capitalist economy began developing quickly; politically, from feudalism to semi-colonial and semi-feudalism, then to capitalism and then finally socialism. In this wave of social change, Chinese legal system began its modernization after overcoming many difficulties and challenges, but with unremitting efforts, the Old Chinese legal system was fading away, a new legal system, which is fit to the new political and economic development of China, was finally built up.Undoubtedly, following the principle of combining the western successful legal experience with the Chinese social conditions, Chinese governments all chose to transplant the western laws to formulate laws and build their legal system, including the international laws, the departmental laws and the constitutional laws. Totally speaking, the modern Chinese legal transplanting began with the legal translation, As we all know, the process of the late Qing legal translation is a long process, in the most time of the 19 th century, different translators has tried very hard to establishingthe correspondence between Chinese legal terms and English legal terms, and different types of laws and law books, they all got fruitful results during the translation, especially the contribution of Western missionaries, they came from the West, and really understood their countries’ laws. The translators at that time gain fruitful results during the translation.The translation of the word "jury" and the foundation of the jury system in China is the true portrayal of the modern legal translation and legal transplantation in China. "Jury" is not a Chinese word vocabulary inherent, but a exotic word under Western Learning background. The translation of the word and the foundation of this system lasted nearly a century, "Jury" in the translation of the word from the "squire", "Jin Qi", "innocent civilians, Vice-trial" to finalize the "jury", a process that after several decades, many translators keep trying, careful translation was finally determined to “陪审”.This paper is based on the existing academic achievement and the relevant studies, the writer use the method of case analysis in this paper, by analyzing the Chinese translations of the word "jury" and the development of the jury system in modern China, the writer wants to find out the rule that the modern Chinese legal translation plays a bridge role on the process of the legal transplantation, and the rule is also applied in today’s legal translation in China. The whole paper is made up of three parts including the introduction, the body and the conclusion. The introduction shows the background of this paper, the reason to choose the issue and the structure of the paper, literature review, the body including four parts, the overview of legal translation and legal translation, the Chinese translations of the legal term "jury", the prosperity of the translation activity in Late Qing Dynasty, the effects of the legal translation on the legal transplantation of Late Qing Dynasty. The conclusion shows what we can learn from the translation activity in late Qing Dynasty and how the legal translators should do today.
Keywords/Search Tags:Legal Translation, Legal Transplant, Jury
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